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DEED OF TRUST � p � � 0 � � � �
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<br />Loan No: 129694 1Contlnued) Page 2
<br />Substance on, under, ebout or from the Property; and (b) any such activity shall be conductad in compliance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter vpon the Property to make such
<br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compiiance of the
<br />Property with this section of the Deed of. Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liebility on the part of Lender to Trustor or
<br />to any other person. The representations and warranties conteined herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and weives any future claims
<br />against Lender for indemnity ar contribution in the event Trustor becomes liable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all cleims, losses,
<br />liabilities, damages, penelties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufecture, storege,
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br />not the same was or should have been known to Trustor. The provisions of this sec;�ion of the Deed of Trust,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the setisfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br />in the Proparty, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shell not cause, conduct or permit any nuisance nor commit, permit, or suffer eny
<br />stripping of or weste on or to tha Property or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil end gas), coal, clay, scoria, soil, gravel or rock products without Lendar's prior written consent.
<br />Removal of Improvements. Trustor shali not demolish or remove any Improvements from the Real Properry withaut
<br />Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with Improvements ot at least equal
<br />value.
<br />Lender's Right to Enter. Lender end Lender's agents and rapresentatives may enter upon the Real Property at all
<br />reasonable times to attand to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br />compliance with the terms and conditions of this Deed of Trust.
<br />Compiiance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinences,.`and
<br />regulations, now or hereafifar in effect, of all governmental authorities applicable to the use or occupency' of the
<br />Property, including without limitation, the Americans With Disebilities Act. Trusfor may contest in good faith any
<br />such law, ordinance, or regulation and withhold Compliance during any proceeding, including appropriate appeals,
<br />so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety
<br />bond, reasonably setisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do ell other
<br />acts, in addition ta those acts set forth ebove in this section, which from the character and use of the Property are
<br />reasonably necessary to protect and preserva the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declere immediately due and peyable all aums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br />Hsat PropertyE,.•vr an�;inieresc.in Yhe�Real Pro�erty.• E��"sale or•trans#er'!�rne�ns•the�coriveyance.aE��eai�Propert�'=or-en�
<br />right, ti#le or interest in the Real Property; whether legal, baneficial or equitable; whether voluntary ori invofuntary;
<br />whether by outright sale, deed, instaliment sale contract, land contract, contrect for deed, leasehold intjerest with� a
<br />term greater than three (3) years, lease-option contract, or by sale, assignment, or trensfer of any benefici'al intarest in
<br />or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br />Proparty. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by
<br />Nebraska lew.
<br />TAXES AND LIENS. The following provisions relating to the taxes end liens on the Property are part of this Deed of
<br />Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, speciel taxes, assessments,
<br />charges (including water and sewerl, fines and impositions levied against or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material furnished to the Praperty. Trustor
<br />shall maintain the Property free of all liens heving priority over or equal to the interest of Lender under this Deed of
<br />Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith
<br />dispute over the obligation to pay, so long as Lender's interast in the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br />within fifteen (15) days after Trustor has notice of the filing, secure the discherge of the lien, or if requested by
<br />Lender, deposit with Lender cash or e sufficient corporate surety bond or other security satisfactory to Lender in en
<br />emount sufficiant to discharge the lien plus any costs and permissible fees, or other charges that could eccrue as a
<br />result of a foreclosure or sale under the lien. In any contest, Trustor shell defend itself and Lender and shall satisfy
<br />any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additionel obligee
<br />under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lendar satisfactory evidence of peyment of the taxes
<br />or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
<br />statement of the taxes and assessments against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (75) days befor� eny work is commenced, any
<br />services are furnished, or any materials are supplied to the Property, if any mechenic's lien, materialmen's lien, or
<br />other lien could be esserted on account of the work, services, or materials. Trustor will upon request of Lender
<br />furnish to Lender advence assurances satisfactory to Lender that Trustor can end will pey the cost of such
<br />improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions ralating to insuring the Property are a part of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurence with standard extended
<br />coverage endorsements on a fair value basis for the full insureble value covering all Improvements on the Real
<br />Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br />clausa in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
<br />coveraga amounts as Lender may raquest with Trustee and Lender being named as additional insureds in such
<br />liability insurance policies. AdditionalJy, Trustor shall maintain such other insurance, including but not limited to
<br />hazard, business interruption, and boiler insurance, es Lender may reasonably require. ,Policies shell be written in
<br />form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company p,r companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the
<br />policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be
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